'This is civil death.' Advocates disappointed as guardianship bills now in limbo

It was a disappointing day in Lansing for advocates of guardianship reform. A Senate committee did not vote on several bills that would change Michigan’s guardianship laws. The 7 Investigators have been exposing serious problems in the current guardianship system since 2017.

 

By: Heather Catallo

LANSING, Mich. (WXYZ) — It was a disappointing day in Lansing for advocates of guardianship reform. A Senate committee did not vote on several bills that would change Michigan’s guardianship laws.

The 7 Investigators have been exposing serious problems in the current guardianship system since 2017.

These guardianship reform bills have been on the table in one form or another since 2021.

On Thursday, the chair of the Senate Judiciary Committee ended her committee hearing without taking a vote on the proposed changes. With the Legislature about to take several weeks off for summer break, the fate of these bills is unclear.

The 7 Investigators have shown you for years how loopholes in Michigan’s guardianship laws have hurt local families.

“This is not a system designed to help — this is prison,” Niki Disner said about her experience being under guardianship in Oakland County.

“Kept them hostage, took them from their families, locked them behind a 6-and-a-half-foot privacy fence and just drained their estate, researched how to sell off their property,” Gretchen Sommer said after a judge appointed a professional guardian for her aunt and uncle instead of a family member.

Attorney General Dana Nessel’s Elder Abuse Task Force has worked for five years to create legislation to increase protections for vulnerable adults. If you’re declared legally incapacitated, you lose the right to make your own medical and financial decisions, and that’s not all.

“Where you live, who you visit, whether you live or die under a do-not-resuscitate order… every consequential decision that we make as adults is eliminated. This is civil death. You are completely robbed of your liberty,” said Michigan Elder Justice Initiative attorney Nicole Shannon.

In front of the Michigan Senate Committee on Civil Rights, Judiciary, and Public Safety Thursday afternoon, elder law advocates and family members of people put under guardianship testified in support of the bills.

“The system is not working for the people at its center. I’m asking you to find the courage today, in this room, with this vote that has been missing for the last 30 years on guardianship reform and to pass House Bill 4909 and 4912 out of committee today. We cannot wait,” Shannon said.

“We want guardians who aren’t appointed 800 wards at a time… And we want guardians appointed only to the people who truly need them,” said Michelle Roberts, executive director of Disability Rights Michigan.

The bills would provide several protections including making sure probate judges put their reasons on the court record if they choose a professional guardian over a family member. They would also require more detailed reports from those assigned (Guardians ad Litem) to evaluate whether someone needs a guardian.

“The vulnerable adults of Michigan need for you to understand how the unintended consequences of the legislation as written today combined with the continued lack of proper funding to serve indigent clients will negatively affect the quality of the services that they receive,” said Diana Matay from the MGA.

The MGA is the same group that was kicked off the Elder Abuse Task Force in 2023 after the 7 Investigators revealed their lobbyist was caught on tape mocking the AG’s efforts to add more oversight in the law by calling her task force a “task farce.”

“This is just one more example of how the system is failing,” said Chandra Drayton, whose mother Ernestine died while under the care of a professional guardian.

In a written statement, Committee Chair Senator Stephanie Chang said:

"I am supportive of the guardianship reform bill package and have been working closely for many months with the bill sponsor and several key stakeholders on the details of the bills. We have had robust committee hearings on the bills and plan to have more in order to hear from all parties and those wishing to speak. The stories from individuals impacted by the flaws in the guardianship system have compelled us to action and I am committed to seeing this bill package through to the finish line."

The 7 Investigators asked Chang if she will hold a vote before summer recess. This was the response received late Thursday:

“The bills are a top priority for me and committee members and we look forward to continuing in the committee process as soon as we can. The legislature is likely to be on summer recess after the budget process is complete, so we will see what we are able to do. Again, it's a priority and we are continuing to take in feedback from groups and hear from impacted families.”

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'This is civil death.' Advocates disappointed as guardianship bills now in limbo

12 Celebrities Who Have Battled Dementia

by  Chanel Vargas

Variety, Ilya S. Savenok / Stringer/Getty Images, Dia Dipasupil / Staff/Getty Images

For those living with dementia, or those with loved ones experiencing dementia, the condition can be overwhelming and have a profound effect on overall quality of life. The same can be said for celebrities living with dementia, as well as their family, friends, and caregivers. Bruce Willis, Wendy Williams, and Mavis Leno are among a handful of celebrities who have publicly shared their dementia diagnoses, giving insight to their personal health struggles and raising awareness of the all-encompassing condition. 

A broad term, dementia describes a group of symptoms that affect a person’s memory, reasoning, thinking, and social abilities, according to Mayo Clinic. The most common form of dementia is Alzheimer’s disease, a degenerative brain disease that’s caused by complex changes to the brain following cell damage, per the Alzheimer’s Association. Other types of commonly diagnosed dementia include vascular dementia, Lewy body dementia, and Frontotemporal dementia.

While genetics and age increase the risk of a person developing dementia, numerous other factors — including depression, head trauma, inadequate diet and exercise, and low levels of certain vitamins and nutrients — all play a key role in determining an individual’s risk for developing dementia. Symptoms can present as memory loss, difficulty speaking or processing language, visual and spatial confusion, poor coordination, anxiety, depression, and more. 

Ahead, see what celebrities living with dementia — and their family and friends — had to say about the diagnosis and its impact on their cognitive and psychological health. 

Wendy Williams

In May 2023, a few months into filming her Lifetime docuseries Where Is Wendy Williams, Wendy Williams’s care team announced in a press release that she was diagnosed with primary progressive aphasia and frontotemporal dementia. The former condition, a rare nervous system syndrome that affects the ability to communicate, can limit a person’s ability to speak, read, write, and understand speech, according to Mayo Clinic. The latter form of dementia, in which the frontal and temporal lobes of the brain shrink, affects the areas of the brain associated with personality, behavior, and language.

News of Williams’ condition came after years of speculation around the state of her mental health. “The decision to share this news was difficult and made after careful consideration, not only to advocate for understanding and compassion for Wendy, but to raise awareness about aphasia and frontotemporal dementia and support the thousands of others facing similar circumstances,” the press release read. “Unfortunately, many individuals diagnosed with aphasia and frontotemporal dementia face stigma and misunderstanding, particularly when they begin to exhibit behavioral changes but have not yet received a diagnosis.” The statement continues, “Wendy is still able to do many things for herself. Most importantly she maintains her trademark sense of humor and is receiving the care she requires to make sure she is protected and that her needs are addressed.”

Bruce Willis

In the spring of 2022, Bruce Willis’s family announced that the actor had been diagnosed with aphasia. “To Bruce’s amazing supporters, as a family we wanted to share that our beloved Bruce has been experiencing some health issues and has recently been diagnosed with aphasia, which is impacting his cognitive abilities,” Demi Moore shared in a statement on Instagram. “As a result of this and with much consideration Bruce is stepping away from the career that has meant so much to him.”

Following the announcement, Willis received a more specific diagnosis of frontotemporal dementia. “FTD is a cruel disease that many of us have never heard of and can strike anyone,” Willis’s family wrote in a 2023 statement published on The Association for Frontotemporal Degeneration website. “For people under 60, FTD is the most common form of dementia, and because getting the diagnosis can take years, FTD is likely much more prevalent than we know. Today there are no treatments for the disease, a reality that we hope can change in the years ahead. As Bruce’s condition advances, we hope that any media attention can be focused on shining a light on this disease that needs far more awareness and research.”

Mavis Leno

Jay Leno was recently granted conservatorship of his wife, Mavis Leno, after revealing in January that Mavis is battling dementia. The conservatorship will allow Jay to “structure her living trust and other estate plans” in case he dies before his wife, per Entertainment Tonight. While the couple of 44 years have not shared specifics about what kind of dementia Mavis is experiencing, the initial petition for conservatorship claimed she has “been progressively losing capacity and orientation to space and time for several years,” according to NBC News.

Court documents revealed that Jay has been deeply attentive to his wife’s needs during this time. Per the filing, “Jay is fully capable of continuing support for Mavis’ physical and financial needs, as he has throughout their marriage.” On April 30, the couple made a rare appearance at the premiere of Netflix’s Unfrosted. “Thought I’d come to something fun for a change. Everything is so controversial,” Jay told ET. “Just to come to a funny, silly movie—it’s great. I think people will have a great time.” When asked how she was doing, Mavis added, “I feel great.”

Sharon Stone

In 2001, Sharon Stone experienced a life-threatening brain aneurysm that resulted in a ruptured vertebral artery and a nine-day brain bleed into her head, neck, and spine. According to Vogue, Stone was given a one percent chance of survival after surgery and beat the odds, even after numerous counts of medical gaslighting by healthcare professionals who told her nothing was wrong. “I bled so much into my subarachnoid pool that the right side of my face fell, my left foot was dragging severely, and I was stuttering very badly,” she said. “For the first couple of years I would also get these weird knuckle-like knots that would come up all over the top of my head that felt like I was getting punched. I can’t express how painful it all was.”

During her decade-long recovery period, Stone also experienced aphasia, a kind of dementia that results in the loss in ability to understand or express speech. Through regular therapy and practice, Stone was able to improve her cognitive health and has since become a vocal advocate for stroke survivors, namely women whose medical concerns are frequently dismissed by medical professionals. “I became more emotionally intelligent,” she said in a profile on the National Aphasia Association website. “I chose to work very hard to open up other parts of my mind. Now I’m stronger. And I can be abrasively direct. That scares people, but I think that’s not my problem. It’s like, I have brain damage; you’ll just have to deal with it.”

Robin Williams

Robin Williams died by suicide at age 63 in 2014. Leading up to his death, the beloved actor and comedian had been experiencing symptoms of Lewy body dementia, one of the most common types of dementia, which is associated with abnormal deposits of proteins called Lewy bodies in nerve cells in the brain.

Symptoms of this disease include depression, trouble with sleep, movement disorders, cognitive problems, visual hallucinations, and more, according to Mayo Clinic. For Williams, specifically, these symptoms manifested as confusion, forgetfulness, paranoia, hallucinations, anxiety, personality changes, and difficulty with movement, according to a profile by the Lewy Body Dementia Association. “It was very out of character for Robin to be so paranoid,” Susan Schneider Williams said of her late husband in a 2021 interview with The Guardian. “And that was the start of this 10-month drumbeat of increasing symptoms, and the thing with LBD is the symptoms don’t come all at once – they change. So they’re incredibly confusing to the patient and caregiver.”

Williams’s Lewy body dementia, however, was not diagnosed until after his death. During his lifetime, the star was misdiagnosed with and treated for Parkinson’s disease. While the two conditions have many overlapping symptoms, Parkinson’s is characterized by more tremors, shaking, or other uncontrollable movements, while Lewy body affects thinking or memory problems, and the diseases require different treatments. In the years since her husband’s death, Schneider Williams has become an outspoken ​​advocate for Lewy body dementia awareness, research, and education. Schneider Williams also signed off on Robin’s Wish, a 2020 documentary about her husband’s experience with dementia.

Tony Bennett

In a 2021 feature published in AARP magazine, Tony Bennett’s family announced that the legendary singer had been living with Alzheimer’s disease for five years. While some common symptoms of the disease — including disorientation, terror, and rage — did not affect Bennett, other common symptoms were more prevalent, such as short-term memory loss and confusion. “Mundane objects as familiar as a fork or a set of house keys can be utterly mysterious to him,” wrote John Colapinto at the time.

Alzheimer’s disease, which is incurable and progressive, can be a frightening diagnosis to confront. For Bennett’s family, however, breaking their silence about the singer’s condition felt like a symbol of hope and a step toward breaking the stigma Alzheimer’s carries. “He is doing so many things, at 94, that many people without dementia cannot do,” said Gayatri Devi, M.D., the neurologist who diagnosed Bennett in 2016. “He really is the symbol of hope for someone with a cognitive disorder.” Bennett died in 2023 at age 96.

Rita Hayworth

In 1980, Rita Hayworth was diagnosed with early-onset Alzheimer’s disease, a rare form of the condition that presents in people ages 65 or younger. Shortly after receiving news of her condition, Hayworth became one of the first celebrities to publicly announce her Alzheimer’s diagnosis, starting a much-needed conversation around the disease, which few were informed about then. At the time of her diagnosis, however, Hayworth’s condition had already been progressing for years. 

“By the time she was diagnosed, she really wasn’t totally aware,” Hayworth’s youngest daughter and conservator, Princess Yasmin Aga Khan, told Fox News in 2018. “But it was difficult . . . She would look at me and say, ‘Who are you?’ That was heartbreaking . . . She would get angry for no reason. And belligerent. Not all people with dementia get that way, but she did . . . I had to regulate her medication as she became more aggressive . . . And just the basics of eventually trying to get her in the shower. It was very painful.”

Khan credits the Alzheimer’s Association for helping her through that difficult time, and for inspiring her to raise awareness of Alzheimer’s disease in the years that followed her mother’s death in 1987. “They found me and said, ‘We have this small organization and we would love for you to be a part of it,’” Khan said. “‘We can share our heartache and our pain and also, what’s coming next. Preparation of the disease and what to expect down the road.’ … They were there for me.”

Sean Connery

Celebrated actor Sean Connery died in 2020 at age 90 after a months-long battle with dementia. Only after his death did Connery’s family reveal the star’s condition and the effect it had on his quality of life. “It was no life for him,” Connery’s widow, Micheline Roquebrune, told The Daily Mail following his death. “He was not able to express himself latterly. At least he died in his sleep and it was just so peaceful. I was with him all the time and he just slipped away. It was what he wanted.”

Rosalynn Carter

In 2023, Former First Lady Rosalynn Carter’s family revealed that she had been diagnosed with dementia. “She continues to live happily at home with her husband,” her family wrote in a statement shared to The Carter Center website just months before her death. The statement continued, “We hope sharing our family’s news will increase important conversations at kitchen tables and in doctor’s offices around the country.”

After years as an advocate for mental health care, Carter’s impact on the country and her family remains apparent. Though the Carters have refrained from commenting further on Carter’s condition since her death at 96 in November 2023, they have continued her legacy by raising awareness of the profound impact caregivers have across the country. “As the founder of the Rosalynn Carter Institute for Caregivers, Mrs. Carter often noted that there are only four kinds of people in this world: those who have been caregivers; those who are currently caregivers, those who will be caregivers, and those who will need caregivers,” her family said in the statement. “The universality of caregiving is clear in our family, and we are experiencing the joy and the challenges of this journey.”

Ronald Reagan

On Nov. 5, 1994, five years after the end of his presidential term, Ronald Reagan announced in an open letter to the public that he was diagnosed with Alzheimer’s disease. In the letter, Reagan stated he felt “fine” and expressed concern for the burden his wife, Nancy Reagan, might bear in caring for him as the disease progressed. Reagan died a decade later at age 93 in 2004. In the years leading up to the former president’s death, Nancy became a steadfast Alzheimer’s advocate, raising awareness of the disease in the years leading up to her own death at age 94 in 2016.

Gene Wilder

Gene Wilder died in 2016 at the age of 83 as a result of Alzheimer’s disease. Though Wilder and his family kept his dementia diagnosis private during his lifetime, the legendary film star’s fourth wife, Karen Wilder, shared details about her husband’s disease — including watching him lose his memories and fine motor skills — in a 2018 essay for ABC News. “My husband took the news with grief, of course, but also astonishing grace,” Wilder wrote about her late husband’s battle with Alzheimer’s. “I watched his disintegration each moment of each day for six years. One day, I saw him struggle with the ties on his drawstring pants. That night, I took the drawstrings out. Then his wrist was bleeding from the failed effort of trying to take off his watch. I put his watch away.”

At times, Wilder’s condition made him unrecognizable to his loved ones. “The first signs of trouble were small. Always the kindest, most tender man (if a fly landed on him, he waited for the fly to leave), suddenly I saw Gene lashing out at our grandson,” Wilder said of her husband. “His perception of objects and their distance from him became so faulty that on a bike ride together, he thought we were going to crash into some trees many feet away from us. Once, at a party with friends, when the subject of ‘Young Frankenstein’ came up, he couldn’t think of the name of the movie and had to act it out instead.” Wilder credits the Alzheimer’s Association for helping her process her feelings of grief and for supporting her in the years during her husband’s battle with Alzheimer’s disease, as well as in the years that have followed.

Sidney Poitier

Trailblazing actor Sidney Poitier died at age 94 in 2022 as a result of three concurrent health conditions, including cardiopulmonary failure, prostate cancer, and Alzheimer’s disease, per People. Though Poitier and his family did not share the details of his experience with dementia during his lifetime, the actor’s family has since shared how moved they were by Poitier’s ability to radiate kindness, even at the end of his lifetime.

“We thought we were taking care of him. I see now that the truth is he was still taking care of us,” Poitier’s daughter, Sydney Tamiia Poitier, wrote on Instagram at the time of her father’s death. “He was reminding us, particularly in these uncertain times, of the power of GOODNESS. That even when the body is fading and things seem to be falling apart around us, the goodness remains.”

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12 Celebrities Who Have Battled Dementia

'I'm on a warpath,' judge stunned to see more fraud against vulnerable in six months than last decad

In her 44-year career, Judge Kathleen Gomes has ruled on NFL player Michael Orr's and Sherra Wright's conservatorship cases, but the judge says everyday vulnerable people are being targeted more than ever. She also shares her thoughts on the recent land grab of Elvis' Graceland.

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'I'm on a warpath,' judge stunned to see more fraud against vulnerable in six months than last decad

Franklin County business owner faces charges of financial exploitation

Missouri Attorney General Andrew Bailey has announced that a grand jury in Franklin County has returned charges against Daniel E. Harrison, 40, for allegedly defrauding consumers through his business, Extreame Lawn and Landscape. Harrison faces three counts of financial exploitation of an elderly person and three counts of deceptive business practices.

“As Attorney General, I will always hold accountable those who target innocent Missourians,” said Attorney General Bailey. “We will continue to work around the clock to obtain justice for any Missourian who has been ripped off.”

The charges allege that between February 2022 and August 2022, Harrison’s business falsely promised to engage in home and business renovations for consumers in exchange for upfront payments. Once paid, Harrison either abandoned the projects after performing negligible work or without completing any work or delivering any materials.

The case is being prosecuted and investigated by the Attorney General’s Office.

Consumers who believe they may have been scammed by a contractor should file a complaint with the Missouri Attorney General’s Office by calling the Consumer Protection hotline at 1-800-392-8222 or by submitting a complaint online at ago.mo.gov.

Attorney General Bailey reminds the public that charges against Harrison are allegations and, as in all criminal cases, the defendant is presumed innocent unless or until proven guilty in a court of law.

The indictment can be viewed here.

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Franklin County business owner faces charges of financial exploitation

Older adults at elevated risk of financial exploitation, AARP report indicates

by Adam Healy

Older adults’ risk of being financially exploited underscores the need for tools to help them and their caregivers keep their money safe, according to a new report published by AARP.

“Over the past decade, criminals have become increasingly sophisticated, posing new risks to the hard-earned savings of American adults,” Jilenne Gunther, the national director of AARP’s BankSafe initiative, said in a statement. “Our data shows that older adults find age-friendly banking services and a highly skilled workforce substantially more appealing than they did ten years ago.”

AARP surveyed 2,014 US adults, of which half were between the ages of 18 and 49 and half were over 50. Among all respondents, 48% reported that they have been a victim or intended victim of financial exploitation, such as scams or fraud. Older adults were more likely to lose a substantial amount of money; 22% of victims over 50 years old indicated that they have lost more than $5,000 as a result of financial exploitation, compared to 13% of victims under 50.

AARP’s report builds on previous research it conducted in 2014. Increasingly many seniors are using online banking tools, highlighting the need for new tools to combat scams and fraud, according to AARP.

For older adults, the need for secure and accessible financial resources is crucial, according to AARP. More than 90% of respondents over 50 indicated that they want highly-trained employees at financial institutions to help prevent exploitation, extra monitoring for unauthorized withdrawals and notifications for unusual account activity. 

Caregivers also play a part in keeping older adults’ finances safe. Among the respondents 50 years and older, three quarters called for special services that allow caregivers to provide better financial assistance. The most popular services, favored by more than 80% of older adults surveyed, included phone calls, emails and text alerts for caregivers when suspicious account activity or large withdrawals are reported by an aging loved one’s financial institution.

This story originally appeared in McKnight’s Home Care. 

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Older adults at elevated risk of financial exploitation, AARP report indicates

Daughter Sues Florida Nursing Home Over Mother's Neglect Leading To Death

By Florida Record

A grieving daughter has taken legal action against a Florida nursing home, alleging severe negligence that led to her mother's death. Analisa Edell filed the complaint on June 7, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, accusing FI-Boca Raton, LLC, doing business as Boca Raton Rehabilitation Center, of multiple violations and negligence.

The lawsuit centers around Susan Edell's time at Boca Raton Rehabilitation Center, where she was admitted in early 2023 due to total disability. According to the complaint, the facility failed to provide adequate care and neglected its statutory obligations under Florida Statute Section 400.022. "At no time prior to January 2023 did the Defendant document or notify the guardian or family members that Ms. Edell was suffering from a serious wound," states the filing. The plaintiff alleges that this lack of communication and care led to an unstageable sacral wound going untreated.

On January 28, 2023, Susan Edell suffered an unwitnessed fall at the facility but fortunately did not sustain serious injuries. However, her condition worsened over time due to inadequate care. By July 25, 2023, her coccyx wound had grown larger because staff failed to turn and reposition her as required by standard care procedures. The situation escalated on August 16 when she was sent to Boca Raton Regional Hospital with shortness of breath and diagnosed with pneumonia and a Stage IV pressure wound on her sacrum.

Despite being readmitted to Boca Raton Rehabilitation Center on August 28 after receiving a feeding tube, Susan Edell's condition continued to deteriorate due to ongoing neglect. She was readmitted to Boca Raton Regional Hospital on October 2 with pneumonia and sepsis linked to her worsening sacral ulcer. Tragically, she died from infection and dehydration on January 7, 2024.

The complaint accuses FI-Boca Raton of failing in numerous areas: providing adequate health care and protective services; treating residents courteously; preventing physical abuse and neglect; implementing proper policies for fall prevention; executing a Care Plan for turning and repositioning intervals; documenting these actions; using pressure-reducing devices; and taking precautions against bedsores.

As a result of these alleged failures, Analisa Edell claims her mother suffered significant pain and suffering before her death. The lawsuit seeks compensatory damages exceeding $100,000 for medical bills, funeral expenses, mental anguish experienced by both Susan Edell during her lifetime and Analisa Edell following her mother's death.

Representing Analisa Edell is Jeffrey M. Fenster from Fenster & Cohen P.A., while the case will be presided over by Judge Joseph Abruzzo under Case ID: 502024CA005347XXXAMB Div: AK.

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Daughter Sues Florida Nursing Home Over Mother's Neglect Leading To Death

A California senior lost $700K to scammers. Now she’s asking the state to slow bank transfers

by Ryan Sabalow

A bill by Napa Democratic Sen. Bill Dodd aims to keep seniors from being scammed.

In summary

A California bill would temporarily halt large transactions if a financial institution suspects elder fraud. Will the bill prevent seniors from accessing their bank accounts for legitimate expenses?

Lea esta historia en Español

Alice Lin’s husband died, and she found herself alone and caring for a disabled son. Then two years ago, the 81-year-old Alhambra woman said she started getting texts from a stranger on a messaging app.

Over the course of a series of friendly chats, he convinced her to wire $720,000 — her entire life savings — to a cryptocurrency app.

So she did – in seven separate in-person transactions at her local bank over three weeks. Her life savings disappeared, along with the man who scammed her. For a time, she said she contemplated suicide. But then she got angry – at her bank.

“Despite many red, red flags, my bank failed to consider that I might be a victim of elder fraud,” Lin told the California Assembly’s Banking and Finance Committee this week. “And they did not even contact my daughter, who is the joint account holder on the account.”

In the months since, Lin started working with Consumer Attorneys of California to sponsor Senate Bill 278, a measure aimed at preventing elder fraud scams like the one that drained Lin’s investment accounts.  

The bill, by Napa Democratic Sen. Bill Dodd, would require that financial institutions delay transactions of more than $5,000 by at least three days if they “reasonably” suspect an elderly person is a victim of fraud. Banks would be required to train their employees to spot red flags, such as an unusually large and sudden transaction. Banks would also have to take steps to inform an elderly customer’s designated “emergency financial contact” or joint account holder – someone like Lin’s daughter – of a suspected fraudulent transaction.

“Elder financial abuse is everywhere,” Dodd told the banking committee. “Losses exceed $23 billion annually. Once a senior falls prey to financial fraud, they may never recover.”

Dodd’s bill passed the Senate this spring with support from every prominent senior advocacy group in California, including the AARP. The measure originally faced intense opposition from the state’s banking and business lobbies, though they’ve since softened their stance after the bill was recently amended. 

The financial institutions cite worries that they’d be forced into defacto conservatorships that would give them too much control over an elderly customer’s finances. The restrictions would also limit how quickly customers get their cash for legitimate expenses.

It was a concern shared by Roseville Republican Sen. Roger Niello who cast the lone “no” vote when the bill was before the Senate’s judiciary committee last month.

“As the bill exists now, it seems to me we run the risk of more conflict between seniors and their financial institutions than we do limiting elder abuse,” said Niello, who used the opportunity to give Dodd, 68, a good-natured ribbing about his age.

“I want you to know you don’t look a day over 90,” said Niello, who is 76 and the third-oldest member of the Legislature.

Dodd told the Assembly committee that the bill has been amended to limit the liability banks could face “when they do the right thing to protect elderly people, their customers.”

State Sen. Bill Dodd speaks during the first day of session at the state Capitol in Sacramento on Jan. 3, 2024. Photo by Fred Greaves for CalMatters

That eased some of the concerns from the 13 financial and business groups, including the California Chamber of Commerce, that are listed as opponents to Dodd’s bill.

“We think what’s in front of us right now, while it’s going to be a heavy lift for credit unions, the good outweighs the work that’s going to go in there,” Robert Wilson, a lobbyist with the California Credit Union League, told the banking committee this week. “This is going to protect seniors.”

Wilson and other bankers remain leery of how Dodd’s measure would be enforced – a matter that Dodd says will get cleared up by the time the bill reaches the Assembly Judiciary Committee next week.

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A California senior lost $700K to scammers. Now she’s asking the state to slow bank transfers

Justice Department Finds State of Missouri Unnecessarily Institutionalizes Adults with Mental Health Disabilities in Skilled Nursing Facilities in Violation of the Americans with Disabilities Act and Improperly Relies on Guardianship

For Immediate Release

Office of Public Affairs 

 

The Justice Department announced today its findings that the State of Missouri violated Title II of the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing adults with mental health disabilities in nursing facilities. The investigation also examined the role of guardianships in such institutionalization.

The Justice Department determined that there is reasonable cause to believe Missouri violates the ADA by failing to provide the community-based services adults with mental health disabilities need in order to remain in their communities. It also found that the state is improperly relying on guardianship and that this leads to people entering nursing facilities even though community-based services are appropriate for their needs.

“People with mental health disabilities should not have to be confined to a nursing facility because they cannot access the community-based services they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will safeguard the rights of people with disabilities to participate fully in their communities. The state’s reliance on guardianships that serve as a pipeline to nursing facilities, rather than engaging people in community-based mental health services, has led to violations of the ADA.”

The department’s investigation found Missouri fails to provide community-based mental health services for many people with mental health disabilities who need them, including services such as:

• Assertive Community Treatment;
• Case management;
• Supported employment;
• Mobile crisis response;
• Crisis stabilization services;
• Permanent Supportive Housing;
• Peer support; and
• Supported Decision-Making.

Instead, the state makes nursing facility services for these people. Missouri can reasonably modify its system to remedy this violation by expanding community-based services and implementing processes to ensure that individuals can receive those services rather than entering nursing facilities.

Individuals with information relevant to this matter can contact the department by leaving a voicemail at 833-610-1242 or emailing Community.Missouri@usdoj.gov. The Justice Department will hold two virtual community meetings on Tuesday, June 25, at 6 p.m. CT/7 p.m. ET and Wednesday, June 26,at 12 p.m. CT/1 p.m. ET. Members of the public are encouraged to attend to learn more about the findings. Please register to join these meetings by clicking on the respective link. If you need an interpreter or accommodation to attend, please email Community.Missouri@usdoj.gov.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt/rights-persons-disabilities and www.ada.gov.

View the findings report here.

View the notice letter here.

Updated June 18, 2024

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Justice Department Finds State of Missouri Unnecessarily Institutionalizes Adults with Mental Health Disabilities in Skilled Nursing Facilities in Violation of the Americans with Disabilities Act and Improperly Relies on Guardianship

Elder abuse investigation center launched for Central Virginia

Attorney General Jason Miyares | Attorney General Jason Miyares Office

By Legal Newsline

Attorney General Miyares Announces Elder Abuse Investigation Center for Central Virginia

RICHMOND, Va. – Attorney General Jason Miyares today announced the creation of the Elder Abuse Investigation Center for Central Virginia to address and combat the growing issue of elder abuse and neglect. Statistics show that one in ten Americans over 65 have been victims of elder abuse, yet only one in 24 cases are reported to the authorities.

Operating as a specialized unit within the Office of the Attorney General, the Elder Abuse Investigation Center aims to enhance and streamline collaboration among Central Virginia jurisdictions to investigate and prosecute instances of elder abuse in nursing homes, assisted living facilities, and private residences. This includes physical assaults, neglect, sexual assaults, violent crimes, and suspicious deaths.

This initiative will see a coalition of law enforcement agencies, Commonwealth’s Attorneys, and elder advocates from Richmond, Colonial Heights, Chesterfield, Henrico, Hopewell, Hanover, Powhatan, and Goochland Counties working together. Additional jurisdictions are expected to join the effort in the near future.

Although other regions of Virginia have similar elder abuse investigation coalitions, such as the Peninsula Elder Abuse Forensic Center, this will be the first initiative in Central Virginia.

As Attorney General, Miyares has taken several new steps to fight back against elder abuse in Virginia, including advancing the Senior TRIAD program, streamlining consumer protection resources, and advising the General Assembly in crafting legislation to increase penalties for criminals and scammers who target vulnerable older Virginians.

For more information about the resources offered by the Office of the Attorney General to prevent and address instances of elder abuse and neglect click here.

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Elder abuse investigation center launched for Central Virginia

Video: Texas Police Stop Scammer Trying to Bilk Elderly Woman Out of $40K

“I wish we could find this guy and place him behind bars for a very long time," said Sgt. James Stewart after White Settlement police stopped a Bitcoin scammer from swindling an elderly woman.

By Jaida Joyner

A sharp-eyed citizen’s quick thinking saved an elderly North Texas woman from losing thousands of dollars in a Bitcoin scam, according to police.

Officers in White Settlement received a call from a concerned bystander who saw the woman depositing large amounts of money into a Bitcoin ATM at a convenience store in the 2000 block of South Cherry Lane.

Overhearing the woman on her phone, the caller suspected she was being scammed.

When officers arrived and found the woman, she told them she thought she was in trouble with Chase Bank and was merely following their instructions. The investigation revealed that the scammer had arranged a ride-share service to transport the woman from her home to a local Chase Bank branch, where she withdrew $40,000, and then to the convenience store with a Bitcoin ATM, White Settlement police said in a news release.

Unfortunately, she had already deposited $23,900 into the machine.

The police department is currently working with the Bitcoin law enforcement liaison and the Tarrant County Criminal District Attorney’s Office to recover her money.

Dash-camera video, body-worn camera footage, and audio from the 911 call caught the entire situation.

The scammer made threats to the woman, saying she would be arrested if she did not withdraw $40,000, police said. A common method of committing this kind of fraud involves spoofing the caller ID of an organization to show a name like Chase Bank.

Sgt. James Stewart, the responding officer, expressed his frustration with the scammer but was relieved to see the victim safe. “All I could do is visualize my mom in this case,” Sgt. Stewart said in the news release. “I wish we could find this guy and place him behind bars for a very long time because he is probably doing this to other people.”

In a heartwarming moment, the victim hugged both officers, expressing her relief and gratitude for their intervention.

The citizen who intervened will be recognized at an upcoming City Council meeting.

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Video: Texas Police Stop Scammer Trying to Bilk Elderly Woman Out of $40K

70-Year-Old Man Risks Prison To See 99-Year-Old Mom

70-Year-Old Man Risks Prison To See 99-Year-Old Mom — The nightmare for Arthur started in May 2021 when his older sister filed a petition seeking guardianship of his mom, Jane.

It was two days after Jane’s 96th birthday.

Arthur, now 70, had moved into mom’s sprawling home in Franconia, Montgomery County, Pa., two years earlier, mostly to keep her company.

Jane, a window of 12 years, was independent, active and even still driving.

Arthur was doing the shopping, though. It was the height of Covid and he was hoping to keep her isolated.

Arthur represented himself at a hearing in July. Sis had her own lawyer and the courts assigned attorney David Jaskowiak to represent Jane.

Jane accepted Jaskowiak because she was told he came free, Arthur said.

Spoiler: He didn’t.

Arthur said he suggested that Jaskowiak have Jane’s doctor of 21 years as a witness to her competency, as well as her CPA, investment advisors and hairdresser.

For some reason, Jaskowiak called no witnesses, Arthur said.

His sister dropped out as discovery started and that should have meant Arthur got the job, one would think.

But no.

Jaskowiak said that because Arthur and Sis didn’t get along, the court would have to appoint a guardian. Judge Gail Weilheimer tapped Duane Logie for the job.

Logie turned out to be a friend of Jaskowiak, says Arthur. He would be both guardian of estate, which is responsible for financial matters, and guardian of person who is task for caring for the living conditions and medical things.

When the same person is both there is no check and balance, says Arthur.

Jane stayed in her familiar home for a week after the court declared her incapacitated. Logie said the health care manager wanted to meet Jane at her house. A date was arranged but rather than a health care manager it was local police who showed along with Logie and Arthur’s sister.

Police physically restrained Arthur on the front porch. He said he heard his mother screaming inside. The cops held him as his sister and Logie took the 96-year-old woman in tears to his sister’s car.

Sis sent an email to Arthur warning him not to come to her house else he’d be arrested, he said. She wouldn’t let Jane call him.

Sister kept Jane at her house for 10 days before she fell unconscious and an ambulance had to be called. She spent six weeks in the hospital being treated for starvation, Arthur said.

Arthur said the treatment included sticking a needle 42 times in the stomach to prevent blood clots.

Oh, and while there she finally did catch Covid.

When that ordeal ended Jane was dumped at Manatawny Manor in Pottstown. Arthur describes it as a low-rated nursing home in Pottstown.

Manatawny Manor had just reopened after a Covid shut down.

Arthur says Judge Weilheimer initially allowed him one hour visitation three times a week but soon reduced it to one-hour per month in retaliation for the questions he was asking.

He said his visits started becoming supervised. He was forbidden to take cell phone video of his mom.

What honest reason could there be for that restriction?

Arthur says he now finds it lucky to be able to see his mother. The last time was in December.

He says Jane, who is now 99, was able to recognize him and could still dress herself.

He said he could have spent 16,300 waking hours with his mother between August 2021 and June 2024. As it was, he got but 224 hours.

Arthur says the powers-that-be have a financial incentive for keeping his mom. He says Jaskowiak charges $300 per hour. He said the guardian who replaced Logie — and who he says is also friends of Jaskowiak — got $125 per hour. Further, Arthur says she hired her husband to do legal work on Jane’s behalf for which he got $400 per hour. Further, Arthur says, the hubby hired four other lawyers who also charge $400 per hour.

“When one talks to the other, they charge the estate $800,” said Arthur.

Arthur says the court charges the estate $90,000 per year for the nursing home and accepted the yearly cost — which includes things like insurance and taxes — of Jane living at her home at $16,500.

He says he never see invoices.

Arthur has been in prison three times for defending his mom.

The first one was when he placed a story on his website ProtectMyParents.us that included information Weilheimer wanted hidden. Arthur said Jane was fine with what he wrote, but no matter.

Weilheimer sentenced him to six months in Montgomery County Prison or until he removed the material. He says he thinks she expected him serve the full six months as there were no computers in prison to fix it. A friend, though, came to his rescue and removed the offending information which let him go free after 10 days.

The second incarceration happened after he rewrote and published the story leaving out all names. He did, however, include a link to an archived copy of the original. This prison stint was just a week before his computer friend could fix things.

Both contempt orders were instigated by Jaskowiak.

He said a third contempt attempt in December by Jaskowiak failed. Jaskowiak said one of the those monitoring his visits said he used his cell phone camera to record his mother. A reasonable person would find such a prohibition curious, but nevermind, the judge said it was a no-no.

Arthur, however, did not do this vile transgression and proved it at a March 20 hearing.

Arthur has a new judge, by the way, who is Melissa Sterling.

Now, the most recent battle.

Arthur learned where Jaskowiak lived in New Britain in Bucks County.

He composed a two-page letter concerning his views about guardianship corruption, and put copies under every doormat on Jaskowiak’s street on April 10.

On April 23, he began picketing in front his house. A State Trooper who lived on the street said he was on private property. Arthur said that he was on the sidewalk. The trooper said it was private property and he would arrest him if he stayed.

Arthur was getting tired of jail so he left but went to the township building and confirmed the sidewalk was public.

He returned on April 27. His sign contained Jaskowiak’s name; and the words “human traffic” and “sex pervert”.

The traffic concerned what Arthur considers to be the kidnapping of his mom. He says the “sex pervert” is in reference to a instructional video he found of Jaskowiak reportedly describing strategic use of contempt of court complaints and the threat of being sodomized in prison.

After two hours of picketing, Arthur was arrested and charged with harassment. The judge set his bail at $100,000 of which he needed to raise $10,000 to be free.

Arthur points out that he lives out of his car and receives welfare.

After five weeks in Bucks County Prison, the bail was lowered to 10 percent of $10,000 and friends managed to get him out.

Before he retired, Arthur trained and practiced voice stress analysis, which is a type of lie detection. For 41-years, he tested criminal suspects, potential employees and helped investigate insurance fraud. His clients included the military, police and major corporations. He traveled the nation and the world.

Arthur notes that there are no standards or requirements as to what constitutes an accurate evaluation of a person that will determine incapacitation in Pennsylvania. He also points out that court psychologists don’t record sessions and have no proof as to how a person answered.

Arthur says he hasn’t seen his mom for a half of a year.

“I don’t know what my mother is thinking,” he said. “Does she think I’m dead? Does she think I don’t love her anymore?”

Sick, stupid and cruel people are in charge of America.

Ed. Note: We have left out Arthur’s last name as he fears using it will give the Montco courts an excuse to throw him back in prison.

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70-Year-Old Man Risks Prison

Wendy Williams’ Friend Says Guardianship Worse Than Britney’s

 ByAmanda Blankenship

Wendy Williams’ lifelong friend Regina Schell has spoken out about the former daytime talk show host’s guardianship. She has said that Wendy’s situation is worse than Britney Spears’ conservatorship because the pop star at least knew who was in charge of her finances. In Wendy’s case, a total stranger was put in control. Keep reading to see what else Regina has to say about Wendy Williams’ guardianship.

The Beginning Of Wendy Williams’ Guardianship

Wells Fargo froze Wendy Williams’ account and petitioned for the star’s finances to be taken over by a guardian. At the time, her former financial advisor told the bank that she “was of unsound mind” and could not manage her money on her own.

Sabrina Morrissey was appointed Wendy’s guardian in 2022. Prior to being appointed, she’d never met Wendy Williams. In the beginning, Regina Schell worked with Sabrina and Wendy’s sister Wanda Finnie to help manage the former TV host’s lifestyle.

“Initially, when I was staying with Wendy in the summertime, we were like triangulating, we were speaking to Sabrina, but then she kind of disappeared,” Regina shared with The U.S. Sun. Then they noticed trouble when the star’s food deliveries were no longer being made on time.

She shared that Wendy Williams would order food at 7:30 in the morning and wouldn’t receive that food until lunchtime. Every time Wendy wanted to pay for anything, including necessities, she had to go through Sabrina Morrissey to get it. Because of this, Wendy would often go long periods of time without eating.

After returning to Los Angeles, Regina Schell shared that she had to make food orders for her childhood friend. She knew that if she didn’t Wendy might go without food altogether because the communication wasn’t happening with the guardian anymore.

Regina Says Wendy’s Guardianship Is Worse Than Britney Spears

“This is a Britney Spears thing, only it’s worse since it’s not even Wendy’s family who has control,” Regina Schell said of the court-appointed guardianship. “At least with Britney Spears it was her dad, it was her family, this is a woman who’s not even family. And how does this guardian get all this standing?”

Regina continued, saying that Wendy was looking for real estate at one point and trying to have a conversation with a financial expert at Bank of America in an attempt to gain control of her finances.

In disbelief, Wendy Williams’ friend said, ” I don’t know how she went to at least 90% Wendy to now she’s incapacitated and can never see anyone again. What’s the end game in all of this? She should be surrounded by friends and family right now, not isolated and alone.”

Right now, Wendy’s family and friends only know that she is in some kind of rehab facility. The only time they get to speak with her is when she calls them and all communication is controlled by the court-appointed guardian.

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Wendy Williams’ Friend Says Guardianship Worse Than Britney’s

See Also:
Wendy Williams

Guardianship bills debated in state senate committee

by Mardi Link

Jun. 16—LANSING — During a state senate hearing on legislation to fix state guardianship laws, elected officials recently heard testimony on the civil rights abuses — from cryptocurrency investment schemes to arbitrary judicial decisions — often faced by those caught up in the flawed system.

"We bend over backwards for people that are accused of committing crimes, to make sure their due process rights are protected," Scott Teter, an assistant attorney general and chair of the office's Elder Abuse Task Force, said.

"These people didn't commit a crime — they got old and frail," Teter said.

Teter, division chief of the AG's financial crimes division, recently detailed a package of four bipartisan bills the House passed more than seven months ago, during a Civil Rights, Judiciary, and Public Safety Committee hearing.

The bills, if they become law, would require judges to give a reason, on the record, when they appoint a professional guardian over a family member; limit tasks professional guardians could delegate to office staff and require guardian ad litmus — those acting as the "eyes and ears of the court" — to be more detailed in their reports.

Some elder advocates say the changes don't go far enough. Some professional guardians and probate court judges say they go too far. Few can argue that any substantive reform has been a long time coming.

"Broadly speaking, the bills come from one simple truth, which is there's too many vulnerable adults across the state who have been taken advantage of, exploited and abused," said Rep. Graham Filler, R-Clinton County, sponsor of HB-4911.

"This is a very contentious subject and I do believe these bills are in a good place to move forward," said Rep. Kelly Breen, D-Novi, sponsor of HB 4909.

In 1996, a state Supreme Court Task Force began examining how to improve the way probate court judges vet, appoint and oversee record-keeping for guardians and conservators and then, in 1998, issued several recommendations.

In 2007, then-Gov. Jennifer Granholm appointed social service advocates and others to a similar task force, which issued its recommendations — chief among them was to adopt those recommendations issued by Michigan's Supreme Court's task force nearly a decade prior.

In 2019, AG Dana Nessel renewed the reform effort, appointing members from dozens of organizations and municipal offices to yet another elder abuse task force, and that group, too, has issued its recommendations.

"Here we are, 25 years later, and we still have not adopted all of the recommendations from that task force — one of which is certification," Teter said.

State statutes give court-appointed guardians power over a person's housing, medical and other personal needs while conservators are tasked with making financial decisions.

Michigan is among several states which do not require certification or licensure for either role, even though each task force has recommended it in some form and a 2021 study found certification and licensure both increase knowledge, professionalism and effectiveness of professional guardians.

A fifth house bill, HB 5047, sponsored by Rep. Betsy Coffia D-Traverse City, addresses certification and, if passed, would create an office of state guardian, but this bill was not discussed at the hearing.

Teter promised further discussions on this issue, while adding that the requirement for professional guardians is not supported by everyone.

Calhoun County Chief Judge Michael Jaconette told the committee such an addition could have a "catastrophic impact" on the ability of courts to find suitable guardians to serve the state's most vulnerable people.

Jaconette told the committee he also had issues with a portion of the bill that addressed guardian ad litems, while Sen. Jim Runstead, R-White Lake, suggested a "blind draw" where judges could not hand-pick who was assigned to which case.

Some courts use a blind draw, testimony stated, other counties do not. It is a county-by-county decision and not required by law.

Jaconette said the Probate Court Judges Association, of which he is president, gave reluctant support to the four bills in their initial form, although they had concerns about subsequent changes and had withdrawn that support.

Some professional guardians have said the actions of a few have cast aspersions on a reputable profession and that the cost of certification or licensure could make it difficult, even impossible, to serve more than just a handful of indigent adults.

Committee Chair Sen. Stephanie Chang, D-Detroit, invited written remarks be submitted to the committee and a second hearing is scheduled for next week.

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Guardianship bills debated in state senate committee